Law of Limitation

Partition deed between agreed upon and registered in 1983 between grandmother, three sons & one daughter,. Property was divided as such grandmother got two rooms for her dwelling and part of the house having old tenants, this was to be looked after by the eldest son & would be the true owner upon the death of grandmother. The eldest son received two rooms for his dwelling. The second son received a shop and two rooms for dwelling, and third son also received four rooms out of which two were for his dwelling as he had already taken cash & ornaments. The third son remain unmarried went missing until now and his whereabouts not known. One remaining daughter received cash according to the deed, she was married before 1995. Property card had the names registered on it, of grandmother, and her three sons.
The second son gives power of attorney to his father in law who sold the shop & bought two flats in the name of his daughter. The second son made death will, stating there is no need to give anything more to his wife. This second son then registered a release deed in 1987 to his grandmother. Now property card has the names of grandmother and the eldest son and the missing second son.
The second son, upon forcing of his wife files a civil case in the year 1993 against all others , that partition deed was under undue influence and took all possible steps to make him addicted to liquor. She withdrew the suit and filed fresh suit claiming both the deeds as void. The second son expired in 1996 after filing the lawsuit.
Grandmother died in 2006 and property card had only two names according to the partition deed my Father who is the eldest son and the missing Uncle’s name registered on it.
The daughter has not undersigned the deed.
Law of Limitation Point was raised in the lower court by us defendants i.e. the grandmother and the eldest son that went against us so we appealed in the high court.
Financially we could not pay the advocates fees and he did not appear after the first day of the final hearing and the case was dismissed.
Question1: What are the issues framed in this case
Question2: Our case is on merits; fight the case to win on merits binding all parties by the registered partition deed and release deed.
Question3: In case of settlement what are the other options for us

Indian Laws

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